UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Filing 7

Emergency MOTION FOR RETURN OF SEIZED FUNDS TO SAVE BUSINESS AND JOBS WITH OVERSIGHT AND MONITORING AND/OR FOR EVIDENTIARY HEARING, AND MOTION TO DISMISS AND SUPPORTING POINTS OF LAW AND AUTHORITIES by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Fayad, Michael)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, c/o United States Attorney's Office 555 Fourth Street, N.W. Washington, DC 20530, Plaintiff,
vs.

Case: l:08-cv-01345 Assigned To: Collyer, Rosemary M. Assign. Date: 8/5/2008 Description: General Civil

8 GILCREASE LANE, QUINCY FLORIDA 32351,
and

ONE CONDO LOCATED ON NORTH OCEAN BOULEVARD IN MYRTLE BEACH, SOUTH CAROLINA,
AND
ALL FUNDS, INCLUDING APPROXIMATELY $53 MILLION, HELD ON DEPOSIT AT BANK OF AMERICA ACCOUNTS IN THE NAMES OF (1) THOMAS A. BOWDOIN, JR., SOLE PROPRIETOR, DBA ADSURFDAILY, (2) CLARENCE BUSBY, JR. AND DAWN STOWERS, DBA GOLDEN PANDA AD BUILDER, AND (3) GOLDEN PANDA AD BUILDER, Defendants. DECLARATION OF CHARLES JOHN OSMIN 1. 2. My name is Charles John Osmin. I am the team leader of AdSurfDaily, Inc.'s special Customer Service Department,

known as Customer Service Investigators ("CSI").

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EXHIBIT G

3. 4.

I was in the United States Navy (active duty) from July 1976 to December 1987. I worked for the United States Postal Service from approximately December 2003

until April 2008. 5. 6. I left the United Sates Postal Service because it was cutting back on hours. I am married and have two sons, one of whom is serving in Iraq, and two

daughters at home. 7. I am team leader Adsurf s CSI group, which serves as the bridge between

Customer Service and Accounting. One of our primary jobs was to locate ad packages for members. 8. The Customer Service Department has approximately 25 to 30 employees,

working three shifts. The Department is open (or was open, until AdSurf was effectively shut down by the seizure of its bank accounts and computers) from 7 a.m. to 11:30 p.m. The CSI group has (or had) three active employees, working from 8:30 a.m. to 5:30 p.m. 9. When I was first hired by ASD, I was assigned to the Customer Service

Department, answering telephones. 10. Because AdSurfDaily recognized in late May or early June 2008 that the

communications between the Accounting and Customer Service Departments was inefficient, a Special Customer Service Department, called CSI, was created. I am (or was) was the team leader of this CSI department, which had access to accounting and software materials not routinely available to Customer Service representatives. 11. CSFs goal was to develop better, more-efficient communications, both internally

and externally, and to find the "lost" ad packages for members.

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12.

In my position as team leader of AdSurfDaily's CSI Department, I usually worked

approximately 60 hours per week or more. A good portion of my daily work was devoted to reviewing and responding to e-mails from Adsurf daily members. 13. Despite the employees in the Customer Service Department and the CSI

Department, AdSurfDaily experienced several log jams as a result of its growth. 14. I am aware that the Government contends that AdSurfDaily's Customer Service

was "illusory" because it says that Task Force operators unsuccessfully attempted to contact the company's Customer Service telephone number. AdSurfDaily did have a Customer Service Department and it had more than 30 employees devoted to answering phone calls and responding to emails to and from members. In fact, I personally communicated by email each day with

dozens and dozens of AdSurfDaily members in my capacity as manager of the CSI division. 15. AdSurfDaily is an advertising company and the advertising works. I know this

from personal experience. In fact, I have three businesses which advertised on the AdSurfDaily rotator: a water supplement company, a vegan whole food business and a party/entertainment business. All of these businesses received increased traffic through the advertisements on the AdSurfDaily rotator. 16. My job at AdSurfDaily is the best job I have had in 30 years, and I am devastated

that the Government has effectively shut down the business. I HEREBY DECLARE, under penalty of perjury, that the foregoing is true and correct. Executed on this I Llftiday of August, 2008.

CHARLES JdfaN OSMIN

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